`[Federal Register Volume 72, Number 70 (Thursday, April 12, 2007)]
[Rules and Regulations]
[Pages 18556-18559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6884]



[[Page 18555]]

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Part III





Department of Transportation





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Federal Aviation Administration



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14 CFR Parts 61, 63, 65 and 187



Fees for Certification Services and Approvals Performed Outside the 
United States; Final Rule

  Federal Register / Vol. 72, No. 70 / Thursday, April 12, 2007 / Rules 
and Regulations  

[[Page 18556]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61, 63, 65, and 187

[Docket No.: FAA-2007-27043; Amendment Nos. 61-116, 63-35, 65-49, 187-
4]
RIN 2120-AI77


Fees for Certification Services and Approvals Performed Outside 
the United States

AGENCY: Federal Aviation Administration, DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This rule amends the regulations pertaining to payment of fees 
to the FAA for certification services performed outside the United 
States. Until now, fees could be paid by check, money order, wire 
transfer, or draft, payable in U.S. currency and drawn on a U.S. bank. 
Currently, fees for certain aircraft flights transiting U.S.-controlled 
airspace can be paid by credit card. The rule amends the regulations 
also to allow payment by credit card for certification services 
performed outside the U.S.
    This change is necessary to make payment for certification services 
consistent with payment for other services. It will also expedite 
payments and support the U.S. Department of the Treasury electronic 
commerce program.
    Also, this rule amends the regulations where it is unclear that 
fees for airmen certification services apply to all applicants located 
outside the United States, regardless of citizenship. This action is 
necessary to provide consistency within FAA regulations.

DATES: Effective June 11, 2007.
    Comments for inclusion in the Rules Docket must be received on or 
before May 14, 2007.

ADDRESSES: You may send comments [identified by Docket Number FAA-2007-
27043] using any of the following methods:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management System; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     Fax: 1-202-493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For more information on the rulemaking process, see the 
SUPPLEMENTARY INFORMATION section of this document.
    Privacy: We will post all comments we receive, without change, to 
http://dms.dot.gov, including any personal information you provide. For 
more information, see the Privacy Act discussion in the SUPPLEMENTARY 
INFORMATION section of this document.
    Docket: To read background documents or comments received, go to 
http://dms.dot.gov or to Room PL-401 on the plaza level of the Nassif 
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Emily A. White, FAA, AFS-50, 800 
Independence Ave., SW., Washington, DC 20591, Telephone: 202-385-8073, 
Fax: 202-493-5888.

SUPPLEMENTARY INFORMATION: This rulemaking amends Sec.  187.15(a) to 
allow the use of a credit card to pay fees to the FAA for certification 
services performed outside the United States. Until now, fees could be 
paid by check, money order, wire transfer, or draft, payable in U.S. 
currency and drawn on a U.S. bank. Section 187.15(d) already allows the 
use of a credit card to remit amounts less than $1,000 for certain 
aircraft flights transiting U.S.-controlled airspace. This rulemaking 
makes sections (a) and (d) consistent in the methods of payment.
    At the time of the original rulemaking, FAA offices were not set up 
to receive credit card payments and such use was specifically omitted 
from the 1995 final rule (60 FR 19631) amending part 187. With advances 
in electronic commerce over the years, there is now distinct value in 
accepting credit card payment of fees. Further, as FAA accounting 
systems and offices continue to be consolidated, collecting user fees 
by credit card allows more timely receipt and provides FAA customers 
with a convenient method to pay for services. The use of credit card 
payment supports the U.S. Department of Treasury electronic commerce 
program. The payment of fees by credit card will be handled through the 
U.S. Department of Treasury pay.gov program.
    This rulemaking also amends Sec. Sec.  61.13(a)(2), 63.11 and 
65.11. The 1995 final rule (60 FR 19631) to amend fees under 14 CFR 
part 187, appendix A, specifically addressed the fact that user fees 
extended to all applicants located outside the United States, 
regardless of citizenship. The final rule brought these regulations in 
line with the nondiscrimination principles of multilateral trade 
agreements to which the U.S. is a signatory. These include the 
principles of the General Agreement on Tariffs and Trade (GATT), 
including the GATT Aircraft Code and the General Agreement on Trade in 
Services. When part 187 was amended, other regulations in 14 CFR should 
have been revised for consistency. These are Sec. Sec.  61.13(a)(2), 
63.11 and 65.11.
    Section 61.13(a)(2) currently requires an ``applicant who is 
neither a citizen of the United States nor a resident alien of the 
United States'' to show evidence of paying the correct fee prescribed 
in appendix A to part 187. This must be done when the person applies 
for a student pilot certificate issued outside the United States or a 
knowledge test or practical test administered outside the United 
States. This rulemaking changes the current wording to make it clear 
that an applicant's citizenship is not at issue. The revised wording 
also states the fees are for ``airmen certification services.'' There 
is no need to enumerate those services because they are addressed in 
appendix A to part 187.
    Sections 63.11 and 65.11 contain current wording that specifies: 
``Each person who is neither a United States citizen nor a resident 
alien and applies for written or practical test to be administered 
outside the United States for any certificate or rating issued under 
this part must show evidence the fee prescribed in appendix A of part 
187 of this chapter has been paid.'' This rulemaking changes that 
wording as follows: ``Each person who applies for airmen certification 
services to be administered outside the United States for any 
certificate or rating issued under this part must show evidence that 
the fee prescribed in appendix A of part 187 of this chapter has been 
paid.''
    Theses changes provide consistency and update the outdated 
language.

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A--Air Commerce and Safety, Chapter 447--Safety 
Regulation, Section 44702, Issuance of certificates, 44703, Airman 
Certificates, and Chapter 453--Fees. Under those statutory provisions 
the FAA is charged with

[[Page 18557]]

prescribing regulations for promoting safety in civil air commerce, 
issuing certificates, and charging and receiving fees for such 
services. This regulation addresses matters within the scope of that 
authority.

The Direct Final Rule Procedure

    The FAA expects that this regulation will not result in adverse or 
negative comment and therefore is issuing it as a direct final rule. 
The only changes to the regulations are:
     To add the ability to use a credit card to pay for FAA 
certification services performed outside the United States, and
     To clarify that fees for airmen certification services 
apply to all applicants located outside the United States, regardless 
of citizenship. U.S. citizens located outside the United States already 
are paying fees in accordance with Title 14, Code of Federal 
Regulations, part 187. This change will make the language throughout 14 
CFR consistent. The applicability remains the same.
    Unless a written adverse or negative comment, or a written notice 
of intent to file an adverse or negative comment is received within the 
comment period, the regulation will become effective on the date 
specified above. After the close of the comment period, the FAA will 
publish a document in the Federal Register indicating that no adverse 
or negative comments were received and confirm the date on which the 
final rule will become effective. If the FAA does receive, within the 
comment period, a written adverse or negative comment, or written 
notice of intent to file such a comment, a document withdrawing the 
direct final rule will be published in the Federal Register, and a 
notice of proposed rulemaking may be published with a new comment 
period.
    Privacy Act: Using the search function of our docket Web site, 
anyone can find and read the comments received into any of our dockets, 
including the name of the individual sending the comment (or signing 
the comment on behalf of an association, business, labor union, etc.). 
You may review DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you may visit 
http://dms.dot.gov.

Availability of Rulemaking Documents

    You can get an electronic copy using the Internet by:
    (1) Searching the Department of Transportation's electronic Docket 
Management System (DMS) web page (http://dms.dot.gov/search);
    (2) Visiting the FAA's Regulations and Policy web page at http://www.faa.gov/regulations_policies/; or
    (3) Accessing the Government Printing Office's web page at http://www.gpoaccess.gov/fr/index.html.
    You can also get a copy by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the docket number, notice number, or amendment number 
of this rulemaking.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires the FAA to comply with small entity requests for 
information or advice about compliance with statutes and regulations 
within its jurisdiction. Therefore, any small entity that has a 
question regarding this document may contact their local FAA official, 
or the person listed under FOR FURTHER INFORMATION CONTACT. You can 
find out more about SBREFA on the Internet at our site, http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

Paperwork Reduction Act

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), we have reviewed this rulemaking and determined there is no 
information collection associated with it.

International Compatibility

    The FAA has determined that a review of the Convention on 
International Civil Aviation Standards and Recommended Practices is not 
warranted because there is not a comparable rule under ICAO standards.

Economic Evaluation, Regulatory Flexibility Act, Trade Impact 
Assessment, and Unfunded Mandates Assessment

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs that each Federal agency 
shall propose or adopt a regulation only upon a reasoned determination 
that the benefits of the intended regulation justify its costs. Second, 
the Regulatory Flexibility Act of 1980 (Public Law (P.L.) 96-354) 
requires agencies to analyze the economic impact of regulatory changes 
on small entities. Third, the Trade Agreements Act (P.L. 96-39) 
prohibits agencies from setting standards that create unnecessary 
obstacles to the foreign commerce of the United States. In developing 
U.S. standards, this Trade Act requires agencies to consider 
international standards and, where appropriate, to be the basis of U.S. 
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (P.L. 104-
4) requires agencies to prepare a written assessment of the costs, 
benefits, and other effects of proposed or final rules that include a 
Federal mandate likely to result in the expenditure by State, local, or 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more annually (adjusted for inflation). This portion of the 
preamble summarizes the FAA's analysis of the economic impacts of this 
direct final rule.
    The Department of Transportation Order DOT 2100.5 prescribes 
policies and procedures for simplification, analysis, and review of 
regulations. If the expected cost impact is so minimal that a final 
rule does not warrant a full evaluation, this order allows a statement 
to that effect. The basis for the minimal impact must be included in 
the preamble, if a full regulatory evaluation of the cost and benefits 
is not prepared. Such a determination has been made for this rule. The 
reasoning for that determination follows.
    Since this final rule merely revises wording to ensure the 
regulations are consistent throughout, this change will have a minimal 
impact, and a regulatory evaluation was not prepared. As noted above, 
the FAA requests comments with supporting justification on the FAA 
determination of minimal impact.
    FAA has, therefore, determined this rulemaking action is not a 
``significant regulatory action'' as defined in section 3(f) of 
Executive Order 12866, and is not ``significant'' as defined in DOT's 
Regulatory Policies and Procedures. In addition, the FAA has determined 
that this rulemaking action: (1) Will not have a significant economic 
impact on a substantial number of small entities; (2) will not affect 
international trade; and (3) will not impose an unfunded mandate on 
state, local, or tribal governments, or on the private sector.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statutes, 
to fit regulatory and informational requirements to the scale of the 
business, organizations, and governmental jurisdictions subject to 
regulation.'' To achieve that principle, the RFA requires agencies 
consider flexible regulatory proposals, to explain

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the rationale for their actions, and to invite comments. The RFA covers 
a wide-range of small entities, including small businesses, not-for-
profit organizations and small governmental jurisdictions.
    Agencies must perform a review to determine whether a proposed or 
final rule will have a significant economic impact on a substantial 
number of small entities. If the agency determines that it will, the 
agency must prepare a regulatory flexibility analysis as described in 
the RFA.
    However, if an agency determines that a proposed or final rule is 
not expected to have a significant economic impact on a substantial 
number of small entities, section 605(b) of the RFA provides the head 
of the agency may so certify and a regulatory flexibility analysis is 
not required. The certification must include a statement providing the 
factual basis for this determination, and the reasoning should be 
clear.
    This final rule merely revises wording to ensure the regulations 
are consistent throughout; this change will have only a minimal impact 
on any small entity affected by this rulemaking action.
    Consequently, as the FAA Administrator, I certify the rulemaking 
action will not have a significant economic impact on a substantial 
number of small entities. As noted above, the FAA requests comments 
with supporting justification regarding this determination.

Trade Impact Assessment

    The Trade Agreements Act of 1979 prohibits Federal agencies from 
establishing any standards or engaging in related activities that 
create unnecessary obstacles to the foreign commerce of the United 
States. Legitimate domestic objectives, such as safety, are not 
considered unnecessary obstacles. The statute also requires 
consideration of international standards and, where appropriate, that 
these international standards be the basis for U.S. standards. The FAA 
has assessed the potential effect of this rulemaking action and has 
determined that it will not impose costs on any international entities 
and thus have a neutral trade impact.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (P.L. 104-4) 
requires each Federal agency to prepare a written statement assessing 
the effects of any Federal mandate in a proposed or final agency rule 
that may result in an expenditure of $100 million or more (adjusted 
annually for inflation) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector. The FAA 
currently uses an inflation-adjusted value of $128.1 million in lieu of 
$100 million.
    This final rule does not contain such a mandate. The requirements 
of Title II do not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
action will not have a substantial direct effect on the States, or the 
relationship between the national Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. Therefore, we determined that this final rule does not have 
federalism implications.

Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this proposed rulemaking action qualifies for the 
categorical exclusion identified in paragraph 312(d) and involves no 
extraordinary circumstances.

Regulations That Significantly Affect Energy Supply, Distribution, or 
Use

    The FAA has analyzed this final rule under Executive Order 13211, 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (66 FR 28355, May 18, 2001). We have determined 
that it is not a ``significant energy action'' under the executive 
order because it is not a ``significant regulatory action'' under 
Executive Order 12866, and it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy.

List of Subjects

14 CFR Part 61

    Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug abuse, 
Recreation and recreation areas, Reporting and recordkeeping 
requirements, Security measures, Teachers.

14 CFR Part 63

    Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug abuse, 
Navigation (air), Reporting and recordkeeping requirements, Security 
measures.

14 CFR Part 65

    Air traffic controllers, Aircraft, Airmen, Airports, Alcohol abuse, 
Aviation safety, Drug abuse, Reporting and recordkeeping requirements, 
Security measures.

14 CFR Part 187

    Administrative practice and procedure, Air transportation.

Adoption of the Amendment

0
Accordingly, the Federal Aviation Administration amends Chapter I of 
Title 14, Code of Federal Regulations as follows:

PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND 
INSTRUCTORS

0
1. The authority citation for part 61 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.

0
2. Revise Sec.  61.13(a)(2) introductory text and (a)(2)(i) to read as 
follows:


Sec.  61.13  Issuance of airman certificates, ratings, and 
authorizations.

    (a) * * *
    (1) * * *
    (2) An applicant--
    (i) Must show evidence that the appropriate fee prescribed in 
appendix A to part 187 of this chapter has been paid when that person 
applies for airmen certification services administered outside the 
United States.
* * * * *

PART 63--CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS

0
3. The authority citation for part 63 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.


0
4. Revise Sec.  63.11(a) to read as follows:


Sec.  63.11  Application and issue.

    (a) An application for a certificate and appropriate class rating, 
or for an additional rating, under this part must be made on a form and 
in a manner prescribed by the Administrator. Each person who applies 
for airmen certification services to be administered outside the United 
States for any certificate or rating issued under this part must show 
evidence that the fee prescribed in appendix A of part 187 of this 
chapter has been paid.
* * * * *

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PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREW MEMBERS

0
5. The authority citation for part 65 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.


0
6. Revise Sec.  65.11(a) to read as follows:


Sec.  65.11  Application and issue.

    (a) Application for a certificate and appropriate class rating, or 
for an additional rating, under this part must be made on a form and in 
a manner prescribed by the Administrator. Each person who applies for 
airmen certification services to be administered outside the United 
States or for any certificate or rating issued under this part must 
show evidence that the fee prescribed in appendix A of part 187 of this 
chapter has been paid.
* * * * *

PART 187--FEES

0
7. The authority citation for part 187 continues to read as follows:

    Authority: 31 U.S.C. 9701; 49 U.S.C. 106(g), 49 U.S.C. 
106(l)(6), 40104-40105, 40109, 40113-40114, 44702.


0
8. Revise Sec.  187.15(a) to read as follows:


Sec.  187.15  Payment of fees.

    (a) The fees of this part are payable to the Federal Aviation 
Administration by check, money order, wire transfers, draft, payable in 
U.S. currency and drawn on a U.S. bank, or by credit card payable in 
U.S. currency, prior to the provision of any service under this part.
* * * * *

    Issued in Washington, DC on March 26, 2007.
Marion C. Blakey,
Administrator.
[FR Doc. E7-6884 Filed 4-11-07; 8:45 am]
BILLING CODE 4910-13-P`